For many, getting a divorce is a difficult process. Not only do most people suffer through the emotional stress of a relationship breakdown, there are also many other things to deal with such as legal and financial paperwork and, if children are involved, custody and parental arrangements.
We generally find that people are concerned and unsure of what to expect and to make plans about their financial future they need to know how the separation will affect them financially. Our family lawyers can walk you through the process and what you need to consider and factors you need to take into account to have the most successful outcome for you and your family.
There are three parts to the divorce process:
A Divorce is an Application to the Court or Registrar to terminate the Marriage. Some people refer to a divorce as the entire process of separating and dividing assets, however, a divorce itself is quite separate to the division of property and children’s matters.
You must have been separated for over 12 months and proper arrangements have been made for the welfare of any children to be granted a divorce. Quite often we will help you prepare the divorce as a part of property and children settlement matters.
Divorce does not take into account the financial settlement so this must be sorted separately.
To be able to move on and make financial decisions for your future many people want their property settlement and assets sorted quickly.
It can be a difficult time when parties cannot agree or really understand what and how the pool of assets should be divided and what the court sees as reasonable or not. Things like initial contributions to a marriage erode over time and become less relevant the longer you are married.
Financial Settlement involves you both entering into a binding financial agreement or consent orders. If the matter cannot be resolved in this way, one party will commence legal proceedings and the matter will go to court.
Our lawyers can assist in providing you concise advice about what your entitlements may be in help you understand what a just and equitable outcome would look like for your circumstances.
Read more on property settlement here.
If you have children, the law will help you resolve:
To formalise the care of children and financial arrangements you can enter into a Parenting Plan. This is an informal process and if not enforceable. You may have already tried this process and it has not been adhered to. We can assist with drafting a Parenting Plan if you would like to try this process.
The better way generally is to enter into Consent Orders. This is when the parties can agree on the time that each child will spend with each parent but, is enforceable in a court. This requires some negotiation between lawyers to get this right. Consent require both parents to comply with the orders, subject to any subsequent agreed departure from the orders. The good part about these orders is that they allow the parents to jointly (by agreement) make arrangements outside the orders but, you then have the orders to fall back on in the absence of an agreement. It is the option we typically recommend.
If you can’t agree on the time that each parent will spend with the children, following mediation. We are very experienced in contested children matters. Many court matters resolve soon enough by agreement or mediation and we work hard to get the matter resolved for you. If the matter does not resolve it will go to a final hearing.
If you need help sorting through your care arrangements and custody for your children you can speak to a family lawyer about your parenting matter. Contact us today or if you want more information please go to our children page here.
At PCL Lawyers, we understand that getting a divorce can be a stressful time. Our divorce lawyers in Melbourne handle every case with sensitivity and empathy, ensuring that proper care and consideration is taken at every step of the divorce proceedings.
If you’re looking for the best divorce lawyers in Melbourne, rest assured that you’ll find them here at PCL Lawyers. Our lawyers have extensive knowledge of family law and will handle your matter with sensitivity, respect and care. We understand that divorce cases are sensitive by nature and that every case has its own unique circumstances. We’ll work closely with you to understand your needs and strive to achieve the best outcome for you and your family.
At PCL Lawyers, we strive to take as much stress out of your divorce proceedings as we can. We’ll assist you with all the necessary legal paperwork and will ensure you are well informed at every step of the process.